Put on your thinking caps.

If Barack Obama chokes on a turkey bone this Thanksgiving, who takes the oath of office in January?

Barack Obama - he just choked, but it didn't kill him.
(is their some kind of symbolism in your question?)

Isn't-Biden next in line?Knowing your wit Jerry,It's probably -The Speaker of the House-I have been known to be totally wrong on Historical Questions that I should know the answer!

Jeff Greenfield?

I'm thinking as Gene did-you didn't say he died- so the answer is --- Obama.

I'm going to assume that Obama dies on that turkey bone. I think Biden would be sworn in first as Vice President and then immediately assume the Presidency and appoint a Vice President?

However, if Obama is incapacitated for a period, Biden would only be acting president until Obama could resume his duties. I think there's a clause in the Amendment that a majority of the people in the executive branch can declare that the President is not fit to resume office, though, and then the VP would remain on duty.

IMO, the whole scenario is a frightening thought.

Keep in mind that the Electoral College has not formally met yet. I think what Jerry may be asking is what happens if a president-elect dies before the Electoral College casts its ballots. Whom are the electors in the states Obama won going to vote for if he's dead?

In the election of 1872, Grant's opponent Horace Greeley died before the electoral college met. Most electors voted for him anyway. Some cast their ballots for other Democrats. As I understand it, no elector has to vote for the person to whom he/she is pledged. Had Greeley won (even if dead) I assume that whoever was elected vice president by electors counted in the US Senate would serve. But it is possible that a vp of another party could be elected in any election that goes to the House (pres) and/or Senate (vp), although the 12th amendment was designed to make that harder to do than in the disputed election of 1800 (Jefferson/Burr). Martin Van Buren was elected outright by the electoral college, but his vp Richard Johnson was selected by the US Senate, dominated at the time by Democrats. Electors from Virginia had refused to vote for him on the ticket because he was living openly with a black woman Julia Chinn, by whom he sired two daughters, whom he claimed and eventually left his estate to. The rest of the family managed to get his will voided in state court in Kentucky.

(11-10-2012, 02:53 PM)RJNorton Wrote: Keep in mind that the Electoral College has not formally met yet. I think what Jerry may be asking is what happens if a president-elect dies before the Electoral College casts its ballots. Whom are the electors in the states Obama won going to vote for if he's dead?

Yes Roger, that is what I meant. The turkey was just a polite way to say , died a natural death before the Electoral College casts its ballots.

So is Bill correct that the Electoral College COULD legally turn around and vote Romney into the Presidency if Obama were to succumb to the turkey bone?

BTW: Someone asked me the other day what would happen if Biden died in office. I thought Obama would appoint a VP. Does anyone remember what happened when Spiro Agnew had to resign? Was the office just left vacant?

Quote:BTW: Someone asked me the other day what would happen if Biden died in office. I thought Obama would appoint a VP. Does anyone remember what happened when Spiro Agnew had to resign? Was the office just left vacant?

Gerald Ford.

Best
Rob

Oh yeah! Thanks Rob; I was too lazy to look it up and couldn't remember when the Presidential Succession Amendment (whatever number it is) came into being.

The answer to the question is who knows?

By law, the electoral college can vote for whomever they want. Each state has a set of Democrat electors and Republican electors who are pledged to support the party's candidate. Depending on which candidate won the state determines which set of electors the state sends.

If Obama were dead then some states MAY take it upon themselves to send electors based upon their own preferences.

If that scenario didn't play out then the dilemma is who do the Democrat electors vote for? Democrats would have to move quickly to tell their electors to vote for a new candidate since they are already pledged to vote for Biden for VP.

If they didn't unite on one candidate then either Mitt Romney would have the majority of the electoral votes OR the House (which is Republican) would elect the next President who could be anybody in a long dragged out fight.

In short, Electoral Chaos that would make George Nichols proud.

There are now (FL has been settled), 332 Electors pledged to vote for Obama for President and Biden for Vice-President. If Obama did die of natural causes before they cast their ballots. I believe most likely they would elect Biden as President for four years, as he would already be sworn in as President.

They do vote seperately for Vice-President. Biden could probably communicate to the electors he wants x as his vice-president and they would no doubt follow along.

The 206 pledged to Romney/Ryan would simply vote Romeny/Ryan as they are honor bound to. But it would have no effect because the 332 would have the majority.

Of course none of this is going to happen, so it is just a big what if...interesting though.

Biden would be sworn in as President & serve to the end of Obama's term in January but that would have no effect on what happens at the end of that term. That is solely in the hands of the electors at the present time. They can not vote a dead man into office (although in Chicago the opposite is true). Being alive and over 35 is one of the qualifications for the job.

The electors can't vote Biden for president because they are pledged to vote for him to be vice-president.

Since the country would probably think it unfair to vote another Democrat to be president whom the country didn't vote for they would also think it unfair to vote Romney the office since he lost.

Therefore, my best guess would be that the electoral college would not meet and decide, thus throwing the election to the House.